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An Article
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FINE, LIEN AND START A FORECLOSURE
Case studies on America's homeowner association foreclosures
November 22, 2007
By
Ohio Sociologist
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Margaret McCauley, West Des Moines, Iowa, wrote:Covenant does state garage doors will be closed at all times only to access. However when lots of other rules of the covenant have been broken does the covenant still hold up?
When they make a rule - send to all the people in the complex, does that have to be recorded to be valid and where do you find the recordings of the covenant on file. A short answer to your question probably is (depending on the HOA laws in your state) is that if your "covenant" states that garage doors will be closed all all times only to access," and has been recorded with the Clerk and Recorder in your town, city or county, until you, or someone else in your HOA/CIC does something about your situation -- which may mean, ultimately, filing a lawsuit against your HOA/CIC, whatever your boards of directors tell you that you can and cannot do is the "law" in your HOA/CIC.
The long answer to your question is that in order the remedy the situation you find yourself in about your garage door, you, and hopefully others in your HOA/CIC, need to do the following:
--Read and thoroughly understand all of your HOA/CIC documents (especially about garage doors).
--Read and thoroughly understand all of your state's HOA/CIC statutes (especially about garage doors).
After you have done that, then you can
--Write a CERTIFIED LETTER to the president of your board, send copies of that letter to the other members of your board, stating the FACTS and LAW concerning your garage door.
--Be nice in the letter. That is, no name-calling or anything like that.
--Keep a copy of that letter for your own files.
Then wait a reasonable length of time to receive a response for your HOA's president (let say a week or so). DO NOT DISCUSS THE MATTER WITH HIM OVER THE TELEPHONE. Insist that he/she respond to you in writing. Why? Because you will need documented EVIDENCE if you intend to really do anything about your situation.
Be prepared for a long and probably expensive haul of fighting with your HOA board to try to get them to do what you, and maybe others in your HOA, consider reasonable and legal in your HOA.
What you are experiencing is the dictatorial workings of a corrupt HOA/CIC. You are not alone in that experience. There are millions of us undergoing the same kinds of experiences -- some of which are pretty terrible -- that you are experiencing. But it all comes down to this:
--You can either try to find a home that suits your wants and needs that isn't in an HOA/CIC, or
--You can fight your board with everything you've got, ie, lots of time, money, and energy, or
--You can "pay up" (your dues and assessments) or "shut up."
The choice is your's. We here in AHRC stand ready to help you in any way we can. But there are some things you, and others in your HOA, must do for yourselves.
Let us know what you decide, ok?
Jan Jackson
Colorado HOA News
Posted Dec 4 2007 10:27PM CET
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Jan Jackson
Florissant, Colorado |
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Robert,
As always, I could not agree with you more!
But it appears that, for those of us who have been "been paying attention" to what's going on throughout our country, it all comes down to "numbers." That is,
-- how many of "them" are there and,
-- how many of "us" are there?
And on top of that,
-- how many of "us" are willing to fight "them" with everything we've got to rid ourselves of them?
It appears to me, and please correct me if you believe I'm wrong, that -- at least right now -- there are not enough of "us" with the courage and the will to do what's necessary to rid ourselves of "them." Therefore, until and unless the numbers of "us" increase, our Constitutional Republic will continue to deteriorate until it no longer exists.
Jan Jackson
Colorado HOA News
Posted Dec 4 2007 9:56PM CET
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Jan Jackson
Florissant, Colorado |
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What you have here is a rare confluence of events that produce a highly charged, unstable situation.
1. You are dealing with a person's home. There is no other material object that defines a person's life more than their home. They will do almost anything to protect it.
2. You are dealing with a $50 billion industry that draws its lifeblood from the the helplessness and disadvantaged status of others. They will do almost anything to protect it.
3. You are dealing with mentally defective individuals whose lives are so empty that the only way they can validate their existence to themselves is by forcing their notions and whims on others with prejudice and self-righteousness. They will do anything to protect it.
4. You are dealing with a political system that is completely corrupted by outright bribery masquerading as "campaign contributions", where laws are bought and paid for like suits of the rack. The politicians are so completely swept away by self-aggrandizement that any hope that they will serve the average citizen is laughable. They will do anything to protect it.
The result? People who work their whole lives, raise families, embrace their friends, find themselves held hostage by what I have described above, or as I like to call it; "The HOA Gravy Train".
Until this most egregious violation of the very concept of citizenship reaches a tipping point, much like what has happened with the mortgage market, I afraid that as an individual homeowner you are simply out gunned.
The price of you having your garage open is simply to high for them to pay.
Robert Metcalf
Chadds Ford, PA
Posted Dec 4 2007 3:24AM CET
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Robert Metcalf
(View Profile)
, Pennsylvania |
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Jan thank you for the response.
Covenant does state garage doors will be closed at all times only to access. However when lots of other rules of the covenant have been broken does the covenant still hold up?
When they make a rule - send to all the people in the complex, does that have to be recorded to be valid and where do you find the recordings of the covenant on file.
Thanks for previous input.
Margaret McCauley
Posted Nov 26 2007 11:35AM CET
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Margaret McCauley
(View Profile)
WEst Des Moines, Iowa |
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Margaret McCauley, West Des Moines, Iowa, wrote:How can they dictate that we keep it closed - cannot sit out in garage with door open. I live in Iowa and cannot find much of anything on our AHRC and do not know who to contact. Hi Margaret! Jan Jackson here. I live in an HOA in Colorado. What you are describing is a very common complaint about HOAs all over the country.
If there isn't an HOA forum here on AHRC for your state, perhaps you could be the editor/moderator of one here on AHRC? I'm the editor/moderator of Colorado's forum and I'd be happy to help you get going with it if you want to do it.
All of us here on AHRC can tell you our experiences with our own HOAs and what we did, or try to do, about them. All you gotta do is ask, ok?
In terms of your garage door, you need to look at your covenants (it should be in the paperwork you got when you bought the house) to find out about that. My guess is that's in there. Please look and then write back to us and let us know what it says, ok?
Jan Jackson
Colorado HOA News
Posted Nov 24 2007 10:56PM CET
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Jan Jackson
Florissant, Colorado |
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IO am upset that they can dictate that you have to keep garage door closed at all times except to access or egress. The garage is part of your domain which you paid for, which you pay taxes on and which you are responsible for the upkeep on the garage door.
How can they dictate that we keep it closed - cannot sit out in garage with door open. I live in Iowa and cannot find much of anything on our AHRC and do not know who to contact.
Feel free to contact me,
Margaret McCauley
WEst Des Moines, Iowa
AHRC Response
Dear Margaret:
The State websites are run by volunteers. We do need a diligent pro-homeowner editor to edit the Iowa State website. Anyone interested, please use Send Us A Note to send our staff your application.
Most of our editors find that Editing, networking and interacting with homeowners is rewarding experience.
AHRC Staff
Posted Nov 24 2007 11:28AM CET
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Margaret McCauley
(View Profile)
WEst Des Moines, Iowa |
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Username withheld in Pennsylvania wrote:"Rep. Robiana, in Florida, has recoginized this abuse for what it really is. What is wrong with the other legislators in the country? Are they cowards or just ignorant?" I can only answer that question from my own experience and facts viewpoint with our legislators and the CAI here in Colorado. Here in my state, the two legislators that were/are instrumental in (supposedly) researching and writing new HOA laws and amendments appear to be colluding with CAI attorneys-lobbyists. That is, both appear to be corrupt to their very cores. Neither appear to be, in any way, "ignorant" or "cowards." Other states, from what I hear and read, have exactly the same problems.
Jan Jackson
Colorado HOA News
Posted Nov 23 2007 9:04PM CET
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Jan Jackson
Florissant, Colorado |
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Jan Jackson and Ohio Sociologist,
Cases, cases and more cases! We need a school of Public Health to step up to the plate and allow compentent professionals, educators, psychologists and sociologists to legitimately report the research.
Rep. Robiana, in Florida, has recoginized this abuse for what it really is. What is wrong with the other legislators in the country? Are they cowards or just ignorant?
Posted Nov 23 2007 5:59PM CET
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Username withheld
, Pennsylvania |
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Dear Ohio Sociologist,
Thank you for your honest perspective. Unfortunately, your experience is only too common. There are many who have been trying to unveil this multi-faceted socia/psychological horror inflicted upon far too many innocent vulnerable people and families.
You neighboring commonwealth of Pennsylvania has many fine advocates. The many cases are outrages and a social injustice no one should ever be forced to live through.
If you have some contact info will you please post it.
Thank you.
Posted Nov 23 2007 5:43PM CET
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Username withheld
, Pennsylvania |
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Username withheld in Boardman, Ohio, wrote:
"My undergraduate degree was in Industrial Sociology from Ohio State and Homeowners Associations did not exist as they do today. These are really good case studies, until you have experienced it you would never believe it." My educational background is clinical psychology, so I hear what you're saying/writing. Nothing like experience to confirm (or negate) what's really going on out there in the Sturm und Drang of the real world, eh?
A question, tho: What "case studies" are you referring to? Are they about HOA's in particular?I went on to have a career as an entreprenuer in the real estate industry. I love helping people so was elected to public office. Elected office! Good for you! What elected public office do you hold?Foreclosures are everywhere in this pricy neighborhood and instead of working to help people the policy seems to be fine them, get the lien and start a foreclosure action. Yes, the corporate gloves of power-and-money-seeking have now been taken off. It's all about money which leads to power. And the CAI appears to have given birth to most, if not all, of it. How about someone who has nothing better to do than drive around every week like gestapo police - your trash cans aren't in your garage 15 minutes after the pick up; your mailbox is dirty, your roof needs to be pressure washed, your ladder needs to be put away quicker. It goes on and on. You can't park on a street in your own neighborhood. That's pretty bad. :-( But how about a developer-builder moving into your HOA, gathering his own personal cabal from whatever local or state resources he can clandestinely develop (for later HOA control purposes), then getting himself elected to the HOA board and selected by them (members of his cabal, of course) as President of the HOA.
This is happening more and more throughout our country. Little dictatorships all over the place with the blessings of corrupt local public officials and state legislators.
Is it time for the political revolution yet?I haven't figured out how a home owners association can legislate rules on a county street. It's very simple really. Since there is no oversight of HOA boards of directors and their lawyers by any state entity -- including the state legislators -- HOA boards and their lawyers CAN AND WILL DO ANYTHING THEY WANT TO.
Jan Jackson
Colorado HOA News
Posted Nov 23 2007 8:21AM CET
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Jan Jackson
Florissant, Colorado |
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